What is Obstruction of Justice and Types of Obstructions

October 1, 2014 10:30 am

The media of the US is buzzing with the latest news that the New York Governor Cuomo’s staff has interfered with the investigation system. It has interrupted the investigation into the corruption in the firms that are connected to the Governor’s office, thus resulting in obstruction of justice. The Governor is warned by the attorney for witness tampering and obstructing the justice.

Now, as you are watching the television and hearing about the case, the questions that pop up in your mind are what is obstruction of justice? And what can be the punishment for this offense? Let's have a sneak peek into it.

What is Obstruction of Justice?

Obstruction of justice can be defined as interfering with the judicial process. It can be of various types. But in most of the cases, if someone is found as convicted, then he can be fined or, in the case of very serious offenses, sent behind the bars.

Various Types of Obstructions

Not allowing the judge or the police or local administration to deliver their duty

Making false statement to hide the guilty

Influencing the jury or the judge

The above are the most common cases of obstructing the justice. Usually, they result in monetary fine as they defy the State Law. But in case of Federal Law, the story is a little different. The offenses that may result in imprisonment are mostly felonies. The cases that can be considered as felony are:

Tempting with or retaliating against the witness in federal cases

Stopping the legal authority from doing their job

Attempting and helping the person who is charged with a federal crime by sheltering them or informing them the time of the subpoena in advance

We can see that interfering with the federal law may result in some serious punishments.

The best way to understand such cases is to have a look at the examples.

Interfering with the evidence can be considered as a serious crime. You may or may not be present at the site where the crime has taken place. But you can still be found guilty for it. Suppose, while passing by the site if you have tampered some evidence unknowingly, you still may find yourself accused for obstructing the justice.

Witness tampering or influencing is a very serious issue. The major issues, such as intimidating the witness to prevent him/her giving the testimony, can result in serious punishment. If the victim is the witness of some federal case, then the result can be devastating. If the witness fails to reach the house of law to testify due to some minor misguidance, even then the case is considered as the obstruction of justice.

Trying and Influencing the Judges and Juries

To influence a judgment, the most common way is to stop the judge from delivering his duty. It does not only mean the cases of preventing the judge or bribing to change the judgment. Making chaos in front of the house of law, picketing or parading near the court are also considered as obstructing the justice.

The Penalties for Obstruction of Justice

Most of the time if the charges are under state law and are minor, then the convict is usually punished with a fine. But if the charges are serious, then the punishment can be harsh as well. These may include:

10 years of imprisonment for threatening the juror, judge or the police officer who is investigating the case

20 years of imprisonment if the obstruction causes some serious harm to someone

While delivering the judgment, the jury also considers if there is a criminal record of the accused. If yes, then it may affect the outcome.

David M Garvin is author at LeraBlog. The author's views are entirely his/her own and may not reflect the views and opinions of LeraBlog staff. David M Garvin (www.davidmgarvin.com) is an eminent tax and criminal attorney based in Miami, Florida. His name is listed as a member of Bar registry of Preeminent lawyers, criminal lawyers, Criminal attorney – Criminal Lawyer Section as well as Martindale- Hubble Preeminent Lawyer, Tax Attorney- Tax Lawyer Section member since 1999. He has been selected for many prestigious honors and awards over the years.